Note: Included opinions are from July 11, 2023, through August 10, 2023.
JS-007 (Volunteer Fire Department): Local Government Code section 263.006 allows a county commissioners court to exchange an interest in real property for an interest in another if it meets certain notice and appraisal requirements. Subsection 263.006(e) exempts from those requirements a real property exchange with specified types of entities, including a political subdivision of this state. A court would likely conclude that a volunteer fire department organized as a nonprofit entity is not a political subdivision within the scope of subsection 263.006(e).
AC-001 (Dual Office Holding): Article XVI, subsection 40(b) of the Texas Constitution prohibits a state employee who receives all or part of their compensation from state funds from receiving a salary for serving as an elected member of the Hutto City Council. As the Hutto City Council has construed the per-meeting payment provided by subsection 3.04(b) of the Hutto City Charter to constitute “salary” under article XVI, subsection 40(b), a state employee serving as a council member must decline the charter’s salary payment in order to comply with article XVI, subsection 40(b).
AC-003 (Solar Moratorium): Specified provisions of the Transportation Code give a commissioners court authority over certain aspects of county roads. To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to such authority but is meant to reach activity other than that related to county roads, a court would likely find it invalid and unenforceable.
Health and Safety Code section 121.003 authorizes the commissioners court of a county to enforce laws reasonably necessary to protect the public health. To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to section 121.003 but does not seek to enforce a specific, preexisting public health law, a court would likely find it invalid and unenforceable.